[Acct-Legal] Draft request on Ombuds questions

[León Felipe Sánchez Ambía]

Dear all,

below is the draft request for legal opinion on the Ombuds questions. I am copying Sébastien as the rapporteur for the subgroup so we can have confirmation from him that the request, as drafted, covers the scope of their needs.

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ICANN Legal,

Request for an opinion from CCWG-Accountability WS2:

Background: 

The CCWG-Accountability WS2 Ombusman sub-group is working on recommending possible changes to the Office of the Ombudsman as required in the final report for WS1 of the CCWG-Accountability.

Given the focus of this sub-group the group working on implementing ATRT2 recommendations, which includes a requirement for an external review of the office of the Ombudsman, has proposed that the CCWG-Accountability WS2 Ombudsman sub-group take on the responsibility for this evaluation which it has accepted to do.

The current ICANN Ombudsman Herb Waye and his predecessor are both members of the Ombudsman sub-group drafting team.

Question:

Is the current ICANN Ombusman placing himself in a conflict of interest by participating in the sub-group which will have responsibility for the external review of the Office of the Ombudsman? If so what should the Ombudsman do to avoid such a conflict (completely recuse himself from all aspects or only from making or approving recommendations)?

Leon Sanchez
CCWG-Accountability Co-Chair.

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